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Overview Of The Partition Of Property Act

In This Volume

The Partition of Property Act codifies the common law on the partition of land. It deals with joint tenants, tenants in common, mortgagees, other creditors having liens on land, and all other parties interested in land. Partition includes the physical division of land and the sale and distribution of proceeds. The Act also contains provisions for notice, sales requested by a majority of interested parties, procedures where the court dispenses with service, and the disposal of money from sales.

GENERAL EFFECT ON LAND TITLE PRACTICE

The Act deems that a court-ordered division of land effects a subdivision under the Land Title Act. Thus, a partition order must contain an express declaration that it is subject to compliance with the Land Title Act.

CASE LAW

The Partition of Property Act is inconsistent with the Indian Act, R.S.C. 1985, c. I-5 and cannot apply to lands reserved for “Indian” (as defined by the Indian Act) (Simpson v. Ziprick, 1995 CanLII 1327 (BC SC)).